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HomeMy WebLinkAboutRES NO 49-74RESOLUTION NO. 49-74 RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD SUSPENDING THE OPERATION OF CONTRACT TO CONSTRUCT IRRIGATION LINE. WHEREAS, this City Council at its regular meeting of May 6, 1974, determined that Continental Contractors (Ray Anderson) as contractor, had failed to prosecute to satisfactory completion, the work involved in the Contract to Construct Irrigation Line to Serve SE Quarter of Section 21, T30S, R28E, M.D.B.& M., with the City, dated February 20, 1974; and WHEREAS, on May 7, 1974, a written Notice was sent to said contractor notifying him that h e-lwas required to provide means for satisfactory compliance with the contract on or before June 5, 1974; that should he neglect or refuse, that the City Council had indicated it would suspend the operation of the contract; and WHEREAS, it is hereby determined that as of the date of this Resolution the contractor has not prosecuted the work with the diligence and force specified and intended in and by the terms of the contract and therefore has not satisfactorily complied with said contract and has not put the irrigation line in complete order for use, and it is therefore determined that this City Council should suspend the operation of the contract under Section 6(f) of the Special Provisions of the Specifications contained in said contract. NOW, THEREFORE, IT IS HEREBY RESOLVED by the Council of the City of Bakersfield as follows: 1. That the Contract to Construct Irrigation Line, dated February 20, 1974, hereinabove.referred to, is hereby suspended. 2. That the City itself through the Public Works Depart- ment, shall take possession of the project for the purpose of carry- ing the said contract to completion or causing it to be carried to completion and that the contractor's control is hereby terminated. 3. That any excess of cost arising therefrom over and above the contract price will be charged against the contractor and his sureties; all money due the contractor or retained under the terms of the contract shall be forfeited to the City, provided that such forfeiture will not release the contractor or his sureties from liability or failure to fulfill the contract. The contractor and his sureties will be credited with the amount of money so forfeited toward any excess of cost over and above the contract price, arising from the suspension of the operation of the contract and the completion of the work by the City as above provided, and the contractor will be so credited with any surplus remaining after all just claims for such completion have been paid. o0o I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 1Zth day of June, 1974, by the following vote: · ':,- X,~ -:~,f,. _': - o~/~n · :"~'~ e, 1974 A \ PPROVED thiT,~.~7.'_t'h , y / akersfield the APPROVED as to form: